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and in the event of such agreement in writing being made, the said town and village authorities for the time being and their successors in Annual office forever thereafter, are hereby authorized and directed to levy, , expense assess and collect the expense thereof annually, by tax to be included thereof. in their annual general tax upon all the estates, real and personal, within said towns and villages, and legally subject to taxation for general municipal purposes; and the total aggregate expense of Payment supplying said towns and villages with water, both for public and mu- gate exnicipal purposes, and also for private use as aforesaid, shall be collected pense to and paid over by the said town or village authorities, to the said water commissioners of Troy, on or before the first day of February next ensuing the date of any such agreement, and annually thereafter. And Contracts the said water commissioners are also authorized and empowered to dents of contract and agree with individual residents or owners of real estate towns and in any of the towns or villages adjoining the city of Troy, for a supply for water. of water for their private use; the expense of said supply to be collected by the said water commissioners annually, in advance, from such individual residents or owners, by special rates. And all real and per- City propsonal estate, buildings, reservoirs, conduits or other works or property, erty and situate in the said adjoining towns or villages, and now belonging to villages the said city of Troy, and all such similar estates as may hereafter be exempt acquired by the said city for the purposes aforesaid, shall be forever tion. free and exempt from taxation of whatever kind or nature, whether for State, county, town, school, highway or other purpose, and from all assessments of whatever name or nature.

§ 4. This act shall take effect immediately.

Chap. 30.

AN ACT appropriating money to pay certain awards made. by the canal appraisers and the interest thereon, and to pay counsel employed in behalf of the State.

PASSED February 18, 1879; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

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awards.

SECTION 1. The following sums are hereby appropriated out of any Appropri unexpended moneys in the treasury belonging to the canal fund, and ation for standing to the credit of the fund "for the enlargement of the Erie, the Oswego, the Cayuga and Seneca canals, and for the completion of the Black River and Genesee Valley canals and for other purposes,' for the following objects, to wit: The sum of fourteen thousand eight hundred and twenty-two dollars and forty-one cents to pay the certificates issued for the awards made by the canal appraisers during the calendar year of eighteen hundred and seventy-eight, or the awards made by the canal board in lieu thereof on appeals from the original awards, or by the canal appraisers on any rehearing thereof, in favor of the following claimants and for the amounts stated, except when reduced or modified by the canal board, namely: Reuben Barber, two Awards. hundred dollars; Leslie C. Barkhuff, thirty-two dollars and sixty cents; Peter Bensen, thirty-seven dollars and fifty cents; Joseph P. Birch, two hundred and forty-four dollars and fifty-seven cents; John Booth, one hundred and thirty dollars; John F. Brown, two hun

dred and ninety dollars and seventy-eight cents; John Caldwell, three hundred and three dollars and thirty-four cents; Eugene Clifford, three hundred dollars; Harriet A. and Theodore C. Degraff, fifty-four dollars; Peter Enders, forty dollars and fifty cents; Peter Enders and Catharine Ann Voorhees, thirty-three dollars; Maggie Fritcher, one hundred and ten dollars; Daniel W. Folts, for two awards, six hundred dollars; Jacob Frohlick, one hundred and twelve dollars and fifty cents; John J. Gray, one hundred and thirteen dollars and sixty cents; Margaret Hammond, eighty-three dollars; George L. Hodges, thirty-nine dollars; Frederick A. Krug, three hundred and forty-five dollars; Lewis P. Laffray, two hundred and thirtyfive dollars and thirty cents; Samuel Lemann, three hundred dollars; James McCarty, seventy-four dollars; Archibald C. McGowan, six hundred and fifty dollars; Sarah Jane McHarg, sixty-two dollars; Elizabeth B. McKinley, eighty dollars; John J. McKinley, thirty-nine dollars; Francis B. Myers, five hundred dollars; Frederick Nhave, eighty-one dollars; Edward T. and Martha P. Norton, thirty dollars; Thomas O'Donnell, sixty-four dollars and forty-seven cents; Peter Peterson, seventy-one dollars and eighty cents; Jacob Piron, five hundred and forty-seven dollars; Frederick Reese, eight hundred dollars; Frederick Reese, six hundred and forty-one dollars and twenty-five cents; Mary A. Seburn, one hundred and thirty-nine dollars; Peter Seburn, fourteen dollars; Thomas Skelly, thirty-five dollars; Elizabeth Steele, six hundred dollars; Mary Jane Siples, fifty-nine dollars and fifty cents; John C. Smith, fifteen hundred and ninety-seven dollars; Martin L. Smith, eight hundred and ten dollars; Elisha C. and Zenas Taylor, one hundred and fifty-three dollars; Daniel H. Van Epps, sixty dollars; Catharine A. Van O'Linda, two hundred dollars; Milton Van Valkenburgh, fifty-five dollars and seventy cents; Frederick Vedder, one hundred and sixteen dollars; Catharine Ann Voorhees, twentyeight dollars; William and Theodore Wicks, forty-five dollars; Charles Wright, twenty-five dollars; John Argus, two hundred dollars; George Koelle, one hundred dollars; Henry G. Dixon, two hundred dollars; John McCall, ten hundred and seventy-one dollars; Callaghan McCarthy, three hundred and fifty dollars; John McGough, two hundred dollars; Michael McGowan, four hundred dollars; Arthur Murphy, three hundred dollars; Margaret Stinson, seven hundred and nineteen dollars; Susan Gansevoort, fifty dollars; Sarah B. Lansing, Appropri- fifty dollars. To pay the interest on the foregoing awards, or the interest. sums awarded in lieu thereof, the sum of eleven hundred dollars, or so Caroline much thereof as may be necessary. To pay Caroline Bristol the amount awarded her by the canal appraisers August fifteen, eighteen hundred and sixty-four, the sum of three hundred and fifty dollars, and, for interest due thereon, thirty dollars and seventy-eight cents. To pay witness fees, the counsel and other agents employed by the superintendent of public works and canal appraisers, for their services, disbursements and expenses incurred in defending claims against the State connected with the canals, the sum of ten thousand dollars; proApproval vided, however, that all bills or accounts for such services, disburseof ac- ments and expenses shall, before payment, be presented to, and approved by, the canal board.

Bristol.

Witness fees, counsel, etc.

counts.

Proviso.

§ 2. Nothing in this act contained is designed, nor shall it be so construed, to legalize any award for the payment of which appropriation is herein made; to waive any defense which the State may have to such

award, whether of jurisdiction in the officer making the same, or other-
wise, or to authorize the payment of any award, when there is evidence
tending to show it was improperly made or obtained through fraud.
§ 3. This act shall take effect immediately.

Chap. 31.

AN ACT to enable such towns in this State as have altered the manner of working and repairing the highways from the system provided for in article second and article third of chapter sixteen, title one, part one of the Revised Statutes, to the system provided for by chapter three hundred and ninety-five of the laws of eighteen hundred and seventy-three, to return to the system provided for in said first-named act.

PASSED February 20, 1879; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

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system au

SECTION 1. Any town in this State which has changed the manner Change to of working and repairing the highways therein, from the system provided for in article second and article third of chapter sixteen, title thorized. one, part one of the Revised Statutes, to the system provided for in chapter three hundred and ninety-five of the laws of eighteen hundred and seventy-three, may return to the system provided for in said article two and article three of chapter sixteen, title one, part one of the Revised Statutes by complying with the provisions of this act.

sion to

town

§ 2. Upon the written application of twenty tax-payers of any such submis town, it shall be the duty of the justices, or other officers who preside electors. at the town election of any such town, to submit to the electors, and the electors of any such town may vote at the next regular annual Vote at town meeting upon the question of returning to the said former system meeting. of working and repairing the highways, such vote shall be by ballot, upon which shall be written or printed respectively, "for returning to Ballots. the system of working and repairing the highways provided for in article second and article third of chapter sixteen, title one, part one of the Revised Statutes," and "against returning to the system of working and repairing the highways provided for in article second and article third of chapter sixteen, title one, part one of the Revised Statutes." The ballots shall be deposited in a separate box by themselves, How be counted by the inspectors of election, or other officers presiding at counted.; such town election, and if a majority of the electors shall vote in favor of returning to said former mode, the town voting therefor may avail Result faitself of the privileges of this act, and of said article second and article vorable, third of chapter sixteen, title one, part one of the Revised Statutes, how ef upon causing a minute of its action to be entered by the town clerk in the town records.

change

fected.

§ 3. All acts and parts of acts inconsistent here with are hereby Repeal. repealed.

§ 4. This act shall take effect immediately.

highway commissioners.

office.

Chap. 32.

AN ACT to amend chapter two hundred and thirty-eight of the laws of eighteen hundred and sixty-two, entitled "An act to authorize the improving and keeping in repair a certain highway in the county of Putnam, and to assess certain non-resident lands along the line of said road to pay the expense of keeping the same in repair."

PASSED February 20, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of chapter two hundred and thirty-eight of the laws of eighteen hundred and sixty-two, entitled "An act to authorize the improving and keeping in repair a certain highway in the county of Putnam, and to assess certain non-resident lands along the line of said road to pay the expense of keeping the same in repair,' is hereby amended so as to read as follows:

Appoint§ 1. The board of supervisors of Putnam county is hereby empowment of ered and directed, between the fifteenth day of April and the first day of May next, to appoint three commissioners to improve and keep in repair the highway known as the Putnam county road, in the place of the present commissioners whose terms of office shall cease and deTerms of termine on the first day of May next. One of the commissioners so appointed shall be appointed for one year, one for two years, and one for three years, and the said board of supervisors shall, between the appoint fifteenth day of April and the first day of May in each year hereafter, appoint one commissioner for three years to fill the vacancy that will occur by the expiration of the term of office of one of said commissioners on the first day of May in each year, and it shall be the duty of the said board of supervisors to fill any vacancy which may occur in the office of commissioner of the said highway. § 2. This act shall take effect immediately.

Annual

ment.

Vacancies.

Commis.

sinking

Chap. 33.

AN ACT to authorize the corporation of the city of New York to sell certain lands to the United States, and ceding jurisdiction thereof.

PASSED February 20, 1879; by a two-third vote.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The commissioners of the sinking fund of the city of sioners of New York are hereby authorized to sell to the United States, upon funds may such terms, and for such consideration, as may be agreed upon by and sell cer- between said commissioners of the sinking fund and the authorities of

tain lands.

the United States, so much of the land situated in and belonging to the Descripcorporation of said city, and immediately adjoining the northerly side tion. or boundary of the land heretofore conveyed by the mayor, aldermen and commonalty of the city of New York to the United States, for a site for a post-office, as is now covered by two sidewalks, each one hundred and three feet and six inches in length by nineteen feet two inches in width, with a paved passage-way between eleven feet and eleven inches in width, making a total area of two hundred and eighteen feet and eleven inches in length by nineteen feet and two inches in width. Whenever said land shall have been sold pursuant to the Certifi authority hereby given, it shall be the duty of the commissioners cate of of the sinking fund, or a majority of them, to give a certificate under their hands that the same has been sold pursuant to the provisions of this act; and upon the production of such certificate, and upon proof Conveyof due compliance on the part of the United States with the terms of lands. sale, it shall be the duty of the mayor of said city, and the clerk of the common council, in the name and on behalf of the said mayor, aldermen and commonalty, to execute a proper conveyance of such lands under their hands and the seal of said city.

sale.

ance of

of State

§ 2. The consent of the State of New York is hereby given to the Consent purchase by the United States of any land that may be sold under the given to provisions of this act, and the jurisdiction of the State of New York in purchase, and jurisand over any lands so sold is hereby ceded to the United States, subject diction to the restrictions hereinafter mentioned.

ceded.

retain

concur

diction.

§ 3. Said consent is given and the said jurisdiction is ceded, upon state to the express conditions that the State of New York shall retain a concurrent jurisdiction with the United States in and over the said land, rent jurisso far as that all civil or criminal process, which may issue under the laws or authority of said State, may be executed therein in the same manner as if such consent had not been given, or jurisdiction ceded, except so far as such process may affect the real or personal property of the United States.

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§ 4. The jurisdiction hereby ceded shall not vest in any respect to Jurisdicsaid lands until the United States shall have acquired the title thereto. to vest. § 5. The said land acquired under the provisions of this act shall be, Exemp and continue forever thereafter exempted and discharged from all State taxtaxes, assessments, and other charges which may be levied or imposed ation. under the authority of this State, but the jurisdiction hereby ceded, Proviso. and the exemption from taxation hereby granted, shall continue in respect to said land, so long as the same shall remain the property of the United States, and be used for public purposes, and no longer. § 6. This act shall take effect immediately.

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